Gittin (mixed natractic)

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Gittin / גיטין ( German "Scheidebriefe") is a treatise of the Mishnah in the order Naschim ("women").

Surname

The treatise usually carries the name Gittin with aramaisierendem , in the Mischnahandschriften merchant and Parma contrast with hebraisierendem plural of Get . The word
Get (גט) is a loan word from the Akkadian language and generally designates a written document or a certificate. In a specific way, in the Jewish field, this means the divorce letter .

content

The treatise is mainly concerned with the legal provisions relating to a divorce letter. Questions of divorce law themselves are touched on more marginally. The following questions are dealt with in detail:

  • What is the legal validity of a divorce letter that arrives from abroad? (Chapters 1 & 2)
  • What material does a divorce certificate have to be made of and how does it have to be labeled? (c. 2)
  • Who is authorized to issue or deliver a divorce certificate? (c. 2 & 3)
  • How should the wording of the form for a divorce certificate be designed? (c. 3)
  • What options are there to withdraw a divorce letter (before it is valid)? (c. 4 & 6)
  • How to proceed if the parties involved have limited legal rights, e.g. B. in the case of insanity (of the man)? (c. 7)
  • To what extent are conditional pronounced divorces applicable? (c. 7)
  • What are the legal consequences of an invalid divorce? (c. 8)
  • What are the legal consequences of divorces for civil status issues? (c. 8)
  • What possibilities of freedom from a marriage arise for women through divorce? (c. 9)

Chapters 4 and 5 in particular contain a number of other social provisions that are only loosely related to the actual topic of the treatise, but offer numerous historical references to the time of the Jewish uprising. Reasons for possible divorce are only mentioned in the last chapter. The Schammais School advocates the rule that marriages should not be divorced, while the Hillels School facilitates the possibility of divorce.

Further provisions and decorative stories can be found in the Tosefta and in the Gemara of the Eretz-Jisra'elic and Babylonian Talmuds .

Position in the seder

The Gittin treatise, like Nasir and Sota, has nine chapters, so its position within the order is fluctuating: the traditional editions have it in sixth and penultimate position, while in the mixed near manuscripts Kaufmann and Parma it is in fourth position, and in Cambridge manuscript it is in fifth Job. Only in the Talmud manuscript Munich seems to be a content-based ordering principle: Here the tract Qiddushin, which deals with marriage, is placed in front.

See also

literature

Web links